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Proposed at the first session of the third Congress March 5th. 1794; and declared to have been adopted by the Constitutional number of States, Jany. 8th. 1798.

Judicial

power.

See Art. iii. sec. 2.

Proposed Dec. 12th. 1803; and

declared

to have been adopted Sept.

25th. 1804.

Manner of electing the President and Vice-Pres:dent.

prohibited by it to

Constitution, nor
the States, are reserved to the States
respectively, or to the people.
Article the eleventh.... The Ju=

dicial power of the United States
shall not be construed to extend to any
suit in law or

equity, commenced or prosecuted against one of the United States by Citizens of another State, by Citizens or Subjects of any Foreign State.

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Article the twelfth... The Electors

shall meet in their respective states,

and vote by ballot for President and
Vice-President, one
of whom, at least,
shall not be an inhabitant of the same
state with themselves; they shall name
in their ballots the person voted for
President, and in distinct ballots the
person voted for as Vice-President,
and they shall make distinct lists of

as

electing the President and Vice-Pres

ident.

all persons voted for as President, and Manner of of all persons voted for as Vice-Presi= dent, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifi=

cates and the votes shall then be count

ed; The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Elec= tors appointed; and if no person have such majority, then from the persons having the highest numbers not exceed= ing the list of those voted for as President, the House of Repre= sentatives shall choose immediately, by

three on

Manner of electing the President and Vice-President.

a

ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Elect= appointed, and if no person have

a

case

ors

majority, then from the two highest
numbers on the list, the Senate shall
choose the Vice-President; a quorum
for the purpose shall consist of two=
thirds of the whole number of Senators,
and a majority of the whole number
shall be necessary
to a choice. But
person constitutionally ineligible to
the office of President shall be eligible
to that of Vice-President of the
United States.

no

Note. The Articles in addition to, and amendment of, the Constitution, have been numbered in the order of their adoption, (not as proposed). The 11th and 12th Articles were written on separate pieces of parchment, and were not numbered, when proposed; they have assumed the above titles by their adoption.

Manner of electing the President and Vice-Pres

ident.

day determined by Congress.

Agreeable to the third paragraph of Art. II. Section I. of the original Constitution, Congress passed a law on the 23rd. of January, 1845, "that the electors of President Election and Vice-President shall be appointed in each state on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed. Provided, That each state may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote. And provided also, When any state shall have held an election for the purpose of choosing electors, In case of and shall fail to make a choice on the day aforesaid, then tion. the electors may be appointed on a subsequent day in such manner as the state shall by law provide."

no eleo

Vacancies.

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